Bombay High CourtAPPLN/3896/2015disposed off

Gulab S/O Bhika Kharat And Another v. The State Of Maharashtra

2015-08-04Hon'Ble Shri Justice V.M. Deshpande2 pages

criapln3896-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3896 OF 2015 1]Gulab s/o Bhika Kharat 2]Dilip s/o Murlidhar Kharat .. APPLICANTS

Versus

State of Maharashtra .. RESPONDENT ...

Shri N.S.Ghanekar,Advocate for applicants Shri D.V.Tele,APP for respondent State ...

CORAM : V.M.DESHPANDE,J.

DATED : 4TH AUGUST, 2015 ORDER :- At the outset, Shri N.S.Ghanekar, learned counsel for the applicant submits that he has instructions to withdraw the application for anticipatory bail on behalf of applicant no.1 Gulab Kharat. In that view of the matter, Application of applicant no.1 Gulab s/o Bhika Kharat is dismissed as withdrawn.

2] The FIR is lodged by Yogesh Kharat. Crime is registered on the basis of the said FIR against nine persons. Applicant no.2 Dilip Kharat is shown as accused no.2. From the FIR and from the statement of other injured Housiram, it is clear that no specific role is attributed against applicant no.2 Dilip Kharat. The accusation made against him are most general in nature to the extent that he has also

criapln3896-15 -2assaulted by fists and kick blows. In that view of the matter, application of applicant No.2 Dilip Kharat can be considered favourably. Hence I pass following order :

ORDER

A] Application of applicant no.1 Gulab Bhika Kharat is hereby dismissed as withdrawn and the interim order granted in his favour on 23/7/2015 stands vacated. B] Application of applicant no.2 Dilip Murlidhar Kharat is allowed. In the event of his arrest in connection with Crime No.I-89/15 registered at Akole police station, Dist.Ahmednagar for the offences punishable u/s 143, 147, 148, 323, 324, 504, 452, 506 of IPC and u/s 37(1)(3) r.w. 135 of Bombay Police Act, he be released on anticipatory bail on he executing PR bond of Rs.5000/- with one solvent surety in the like amount.

C] He shall attend concerned police station once in a fortnight preferably on every Sunday in between 3 p.m. to 5 p.m. till the charge sheet is filed.

D] With these, application is disposed of.

(V.M.DESHPANDE,J.) umg/